Motor Vehicle Traffic Accident On Civil Liability

In this thesis, for the sake of such important items as the application of the doctrine of liability fixation, the definition of the subject of compensation liability and the distribution of the liability of compensation, the author tries, in the first hand, to make a definite conception of the motor vehicle traffic accident. By contrasting and analyzing different conceptions from different countries, the author discusses the main elements of the conception of the motor vehicle traffic accident such as "the motor vehicle", "in operation", "road", then states his views.The author supports to implement the doctrine of no-fault liability into dealing with the motor vehicle traffic accident in order to provide the sufferer an effective relief without delay. Furthermore the author believes that the doctrine of no-fault liability should be combined with the compulsory third party liability insurance and the developed insurance industry is the prerequisite to be an efficiency application of the doctrine of no-fault liability. By means of contrasting the difference between the compulsory third party liability insurance and the commercial third party liability, the author concludes that compulsion and welfare are the peculiar features of the compulsory third party liability insurance. On the basis of the above analysis, the author holds that the Law of the People's Republic of China on Road Traffic Safety has designed a system of liability fixation. In fact, according to different conditions, the Law of the People's Republic of China on Road Traffic Safety adopts different doctrines of liability fixation, which has its characteristic and reasonableness. In the following, with the "two-factor" theory, the author expounds his views on how to fix the subject of compensation liability in some special situations.Contributory negligence is discussed in the last part of this thesis. The author supports that the contributory negligence theory should be applied in solving the compensation problem in the motor vehicle accident for the purpose of maintaining a good traffic order and balancing the interest between the subject of compensation and...